Direitos humanos e política criminal : uma abordagem da justiça terapêutica como instrumento de intervenção judicial e reinserção social

Abstract

The present study aims to demonstrate the urgency for new models of Criminal Policy, as a defense mechanism and protection of citizenship, especially in relation to the issue of drugs and offenses arising in the face of its use. First, we analyze the relationship between human rights and criminal policy, by breaking through the crisis of the Criminal Law, to highlight contemporary models of criminal justice, among which we highlight the Restorative Justice, Justice Instant and Therapeutic Justice. In a second step, from this last model to combat drug addiction, the study intends to demonstrate its legitimacy in order of country, even without legislative forecast, based on existing criminal laws (in particular the law n.º 11.343/2006 and law n.º 9.099/95), and the current Provision of the National Council of Justice (n.º 04/2010). The aim is, to the study, to reconcile the Criminal Policy and Human Rights with the Therapeutic Justice, whose focus is to treat the addiction of the individual program participant in order to reduce the social harm. This is a treatment program for judicial involvement, linking operators of the judiciary and health care, so multidisciplinary, aimed at social rehabilitation, aimed at those who practice criminal offenses of lower offensive potential while users are, abusers or addicts of licit or illicit drugs. The institute, consistent with the criminal law into force, designed to be an alternative to custodial sentences, which currently does not fulfill its original function properly, that is, re-socialize and re-educate the public offender, especially when it comes to offenses under the influences of chemical dependency, taken this as a chronic, progressive and degenerative therefore needs appropriate treatment. To this end, we intend to check the program as a viable instrument Therapeutic Justice Criminal Policy in line with contemporary human rights in the face of drug legislation in force, especially when treatment is so compelling, as well as analyze the viability of model as a tool for social reintegration. As a means of research will be used to review the literature, based on national and foreign doctrines, papers, documents and electronic Brazilian Courts and jurisprudence of these Courts